Text: S.1849 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-357 (10/24/2000)

 
[106th Congress Public Law 357]
[From the U.S. Government Printing Office]


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[DOCID: f:publ357.106]


[[Page 114 STAT. 1393]]

Public Law 106-357
106th Congress

                                 An Act


 
To designate segments and tributaries of White Clay Creek, Delaware and 
  Pennsylvania, as a component of the National Wild and Scenic Rivers 
              System. <<NOTE: Oct. 24, 2000 -  [S. 1849]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: White Clay Creek 
Wild and Scenic Rivers System Act.>> 

SECTION 1. SHORT TITLE. <<NOTE: 16 USC 1271 note.>> 

    This Act may be cited as the ``White Clay Creek Wild and Scenic 
Rivers System Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Public Law 102-215 (105 Stat. 1664) directed the 
        Secretary of the Interior, in cooperation and consultation with 
        appropriate State and local governments and affected landowners, 
        to conduct a study of the eligibility and suitability of White 
        Clay Creek, Delaware and Pennsylvania, and the tributaries of 
        the creek for inclusion in the National Wild and Scenic Rivers 
        System;
            (2) as a part of the study described in paragraph (1), the 
        White Clay Creek Wild and Scenic Study Task Force and the 
        National Park Service prepared a watershed management plan for 
        the study area entitled ``White Clay Creek and Its Tributaries 
        Watershed Management Plan'', dated May 1998, that establishes 
        goals and actions to ensure the long-term protection of the 
        outstanding values of, and compatible management of land and 
        water resources associated with, the watershed; and
            (3) after completion of the study described in paragraph 
        (1), Chester County, Pennsylvania, New Castle County, Delaware, 
        Newark, Delaware, and 12 Pennsylvania municipalities located 
        within the watershed boundaries passed resolutions that--
                    (A) expressed support for the White Clay Creek 
                Watershed Management Plan;
                    (B) expressed agreement to take action to implement 
                the goals of the Plan; and
                    (C) endorsed the designation of the White Clay Creek 
                and the tributaries of the creek for inclusion in the 
                National Wild and Scenic Rivers System.

SEC. 3. DESIGNATION OF WHITE CLAY CREEK.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following:

[[Page 114 STAT. 1394]]

    ``(162) White Clay Creek, Delaware and Pennsylvania.--The 190 miles 
of river segments of White Clay Creek (including tributaries of White 
Clay Creek and all second order tributaries of the designated segments) 
in the States of Delaware and Pennsylvania, as depicted on the 
recommended designation and classification maps (dated June 2000), to be 
administered by the Secretary of the Interior, as follows:
            ``(A) 30.8 miles of the east branch, including Trout Run, 
        beginning at the headwaters within West Marlborough township 
        downstream to a point that is 500 feet north of the Borough of 
        Avondale wastewater treatment facility, as a recreational river.
            ``(B) 15.0 miles of the east branch beginning at the 
        southern boundary line of the Borough of Avondale to a point 
        where the East Branch enters New Garden Township at the Franklin 
        Township boundary line, including Walnut Run and Broad Run 
        outside the boundaries of the White Clay Creek Preserve, as a 
        recreational river.
            ``(C) 4.0 miles of the east branch that flow through the 
        boundaries of the White Clay Creek Preserve, Pennsylvania, 
        beginning at the northern boundary line of London Britain 
        township and downstream to the confluence of the middle and east 
        branches, as a scenic river.
            ``(D) 6.8 miles of the middle branch, beginning at the 
        headwaters within Londonderry township downstream to a point 
        that is 500 feet north of the Borough of West Grove wastewater 
        treatment facility, as a recreational river.
            ``(E) 14 miles of the middle branch, beginning at a point 
        that is 500 feet south of the Borough of West Grove wastewater 
        treatment facility downstream to the boundary of the White Clay 
        Creek Preserve in London Britain township, as a recreational 
        river.
            ``(F) 2.1 miles of the middle branch that flow within the 
        boundaries of the White Clay Creek Preserve in London Britain 
        township, as a scenic river.
            ``(G) 17.2 miles of the west branch, beginning at the 
        headwaters within Penn township downstream to the confluence 
        with the middle branch, as a recreational river.
            ``(H) 12.7 miles of the main stem, excluding Lamborn Run, 
        that flow through the boundaries of the White Clay Creek 
        Preserve, Pennsylvania and Delaware, and White Clay Creek State 
        Park, Delaware, beginning at the confluence of the east and 
        middle branches in London Britain township, Pennsylvania, 
        downstream to the northern boundary line of the city of Newark, 
        Delaware, as a scenic river.
            ``(I) 5.4 miles of the main stem (including all second order 
        tributaries outside the boundaries of the White Clay Creek 
        Preserve and White Clay Creek State Park), beginning at the 
        confluence of the east and middle branches in London Britain 
        township, Pennsylvania, downstream to the northern boundary of 
        the city of Newark, Delaware, as a recreational river.
            ``(J) 16.8 miles of the main stem beginning at Paper Mill 
        Road downstream to the Old Route 4 bridge, as a recreational 
        river.
            ``(K) 4.4 miles of the main stem beginning at the southern 
        boundary of the property of the corporation known as United

[[Page 114 STAT. 1395]]

        Water Delaware downstream to the confluence of White Clay Creek 
        with the Christina River, as a recreational river.
            ``(L) 1.3 miles of Middle Run outside the boundaries of the 
        Middle Run Natural Area, as a recreational river.
            ``(M) 5.2 miles of Middle Run that flow within the 
        boundaries of the Middle Run Natural Area, as a scenic river.
            ``(N) 15.6 miles of Pike Creek, as a recreational river.
            ``(O) 38.7 miles of Mill Creek, as a recreational river.''.

SEC. 4. BOUNDARIES. <<NOTE: 16 USC 1274 note.>> 

    With respect to each of the segments of White Clay Creek and its 
tributaries designated by the amendment made by section 3, in lieu of 
the boundaries provided for in section 3(b) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(b)), the boundaries of the segment shall be 
250 feet as measured from the ordinary high water mark on both sides of 
the segment.

SEC. 5. ADMINISTRATION. <<NOTE: 16 USC 1274 note.>> 

    (a) By Secretary of the Interior.--The segments designated by the 
amendment made by section 3 shall be administered by the Secretary of 
the Interior (referred to in this Act as the ``Secretary''), in 
cooperation with the White Clay Creek Watershed Management Committee as 
provided for in the plan prepared by the White Clay Creek Wild and 
Scenic Study Task Force and the National Park Service, entitled ``White 
Clay Creek and Its Tributaries Watershed Management Plan'' and dated May 
1998 (referred to in this Act as the ``Management Plan'').
    (b) Requirement for Comprehensive Management Plan.--The Management 
Plan shall be considered to satisfy the requirements for a comprehensive 
management plan under section 3(d) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(d)).
    (c) Cooperative Agreements.--In order to provide for the long-term 
protection, preservation, and enhancement of the segments designated by 
the amendment made by section 3, the Secretary shall offer to enter into 
a cooperative agreement pursuant to sections 10(c) and 11(b)(1) of the 
Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the 
White Clay Creek Watershed Management Committee as provided for in the 
Management Plan.

SEC. 6. FEDERAL ROLE IN MANAGEMENT. <<NOTE: 16 USC 1274 note.>> 

    (a) In General.--The Director of the National Park Service (or a 
designee) shall represent the Secretary in the implementation of the 
Management Plan, this Act, and the Wild and Scenic Rivers Act with 
respect to each of the segments designated by the amendment made by 
section 3, including the review, required under section 7(a) of the Wild 
and Scenic Rivers Act (16 U.S.C. 1278(a)), of proposed federally-
assisted water resources projects that could have a direct and adverse 
effect on the values for which the segment is designated.
    (b) Assistance.--To assist in the implementation of the Management 
Plan, this Act, and the Wild and Scenic Rivers Act with respect to each 
of the segments designated by the amendment made by section 3, the 
Secretary may provide technical assistance, staff support, and funding 
at a cost to the Federal Government in an amount, in the aggregate, of 
not to exceed $150,000 for each fiscal year.

[[Page 114 STAT. 1396]]

    (c) Cooperative Agreements.--Any cooperative agreement entered into 
under section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 
1281(e)) relating to any of the segments designated by the amendment 
made by section 3--
            (1) shall be consistent with the Management Plan; and
            (2) may include provisions for financial or other assistance 
        from the United States to facilitate the long-term protection, 
        conservation, and enhancement of the segments.

    (d) National Park System.--Notwithstanding section 10(c) of the Wild 
and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a segment 
designated by the amendment made by section 3 that is not in the 
National Park System as of the date of the enactment of this Act shall 
not, under this Act--
            (1) be considered a part of the National Park System;
            (2) be managed by the National Park Service; or
            (3) be subject to laws (including regulations) that govern 
        the National Park System.

SEC. 7. STATE REQUIREMENTS. <<NOTE: 16 USC 1274 note.>> 

    State and local zoning laws and ordinances, as in effect on the date 
of the enactment of this Act, shall be considered to satisfy the 
standards and requirements under section 6(c) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1277(c)) with respect to the segment designated by 
the amendment made by section 3.

SEC. 8. NO LAND ACQUISITION. <<NOTE: 16 USC 1274 note.>> 

    The Federal Government shall not acquire, by any means, any right or 
title in or to land, any easement, or any other interest along the 
segments designated by the amendment made by section 3 for the purpose 
of carrying out the amendment or this Act.

    Approved October 24, 2000.

LEGISLATIVE HISTORY--S. 1849 (H.R. 3520):
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HOUSE REPORTS: No. 106-813 accompanying H.R. 3520 (Comm. on Resources).
SENATE REPORTS: No. 106-266 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Apr. 13, considered and passed Senate.
            Sept. 18, considered and passed House, amended.
            Oct. 5, Senate concurred in House amendment.

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